Stepdaughter

[seekingthetruth 1,246]

4 hours ago, pushbrk said:

Adoption is not a requirement for a step child.  She's your wife's child, so she's your step child.  No worries.

 

Unless the father was married to the mother at the time the child was born, he has no parental rights, PERIOD.  No need for permission.

 

File the petitions when ready.  You can always delay at NVC if it becomes appropriate, but you can't speed things up.

 

 

 

Yes, as I understand the guidelines, step child is fine as long as the relationship was started before age 18.

 

They were married at the time of her birth, but separated after about a year.   She got the marriage annulled, and that was final in 2013.

[seekingthetruth 1,246]

4 hours ago, pushbrk said:

I doubt this is an issue at all.  See my earlier post.

Yes, we don't think it is an issue.

[seekingthetruth 1,246]

5 hours ago, pushbrk said:

In the Philippines there is no divorce, so very likely the natural parents were not married when the child was born.  In the PI, if not married, fathers have no parental rights, so their approval is not needed for US immigration.

As explained above, they were married and it is annulled.  He still has rights to visit but rarely has exercised them.

[aaron2020 11,651]

1 minute ago, seekingthetruth said:

As explained above, they were married and it is annulled.  He still has rights to visit but rarely has exercised them.

Schedule her interview for after her 18th birthday and move afterwards.  Avoid the father and save yourself the headaches of having to deal with him.  

[seekingthetruth 1,246]

4 hours ago, aaron2020 said:

OP mentioned that wife got her prior marriage annulled.

It's very likely that the stepdaughter was born in wedlock and the father is on the birth certificate.   If this is the case, then she will need her father's written permission to immigrate if the visa interview takes place before her 18th birthday.

Yes, if we need a letter from him I think we can get it.

 

Actually, there is a chance that instead of 2022, we might move in 2023, when she will be 18 turning 19.  That is based on some factors unrelated to her.  We will make that decision  in the coming months.

[seekingthetruth 1,246]

3 hours ago, payxibka said:

What was the age of the child when the marriage was annulled?

I think 9, without double checking.  It was filed many years before.  It took over 5 years.  Final in 2013.

Edited October 6, 2020 by seekingthetruth

[seekingthetruth 1,246]

3 hours ago, aaron2020 said:

OP married his wife in 2015.  If she got annulled in 2015, then the stepdaughter was probably 12 or 13 years old.  Younger if the annulment happened before 2015.

I just double checked and there is a coincidence in the dates!  She was born on July 3, 2004, and the annulment was final on July 3, 2013.  Exactly 9 years old!

 

Any reason why the age when annulled matters?  I know when a kid in the Philippines is a certain age, they can choose to live with the mother or father.  I don't remember what age is that but it was never a factor.

[seekingthetruth 1,246]

3 hours ago, Cathi said:

Also, make sure you've been paying U.S taxes and filing tax returns since you've been living abroad.

Yes, and my wife has an ITIN and we file jointly for the past 4 years.

[aaron2020 11,651]

10 minutes ago, seekingthetruth said:

I just double checked and there is a coincidence in the dates!  She was born on July 3, 2004, and the annulment was final on July 3, 2013.  Exactly 9 years old!

 

Any reason why the age when annulled matters?  I know when a kid in the Philippines is a certain age, they can choose to live with the mother or father.  I don't remember what age is that but it was never a factor.

I have no idea why her age when annulled would matter.  Another poster brought up the issue.  You would have to ask him.

I would just wait for your stepdaughter to turn 18 before her interview to avoid the entire issue.  Sometimes it turns out to be more work to get the father to cooperate for very little gain.  Here, you would be seeking the father's cooperation in order for her to move a month or two before her 18th birthday.  Probably not worth the effort to contact him and get the written permission.  Easier to just avoid him. 

[seekingthetruth 1,246]

2 hours ago, payxibka said:

It's decided by the court.   From what i know,  It seems like age 7 is the magic number for Dad to be "recognized".

 

17 minutes ago, aaron2020 said:

Schedule her interview for after her 18th birthday and move afterwards.  Avoid the father and save yourself the headaches of having to deal with him.  

I'm not sure about the exact legal rights he has and we have not made a battle of it.  My wife seems to think he has visitation rights.  Within reason, we have accommodated him, his mother and a sister, every few years.  He has worked in Dubai for the last several years so he does not return often.

 

I just checked the details of the annulment ruling, which as final when she was exactly 9 years old.  The only statement is:

 

"The custody of the common child of the parties by the petitioner shall not be disturbed".  The petitioner is my wife so I guess that means she has full custody??

 

I think my wife already mentioned to him about the possibility of school in Australia and he was fine with that.  I don't think we have any problems with him.

[seekingthetruth 1,246]

Thanks to everyone for contributing!  It really helps me makes sense of it all, if that is possible!  

[payxibka 10,045]

6 minutes ago, seekingthetruth said:

 

I'm not sure about the exact legal rights he has and we have not made a battle of it.  My wife seems to think he has visitation rights.  Within reason, we have accommodated him, his mother and a sister, every few years.  He has worked in Dubai for the last several years so he does not return often.

 

I just checked the details of the annulment ruling, which as final when she was exactly 9 years old.  The only statement is:

 

"The custody of the common child of the parties by the petitioner shall not be disturbed".  The petitioner is my wife so I guess that means she has full custody??

 

I think my wife already mentioned to him about the possibility of school in Australia and he was fine with that.  I don't think we have any problems with him.

Which means his permission is not required.   Getting said permission would only be extra credit. 

[pushbrk 12,883]

20 minutes ago, payxibka said:

Which means his permission is not required.   Getting said permission would only be extra credit. 

Yes, that amounts to court ordered full custody to the mother.  No permission required, but do take the full annulment decree to the interview.

[Cyberfx1024 7,980]

9 hours ago, seekingthetruth said:

Thanks to everyone for contributing!  It really helps me makes sense of it all, if that is possible!  

As @payxibka has said and I will reiterate in the Philippines the mother has sole custody of the child unless it is annotated somewhere in the paperwork. If it is not annotated in the paperwork then the mother has sole custody of the child. 


Where in Pinas do they live?

[seekingthetruth 1,246]

1 hour ago, Cyberfx1024 said:

Where in Pinas do they live?

We live in Subic Bay Freeport.